I aim to disentangle two very important debates: one about whether corporations can be moral agents (and thus have moral obligations), one about whether corporations are persons (and thus entitled to certain rights and protections). Critics often conflate these two debates, arguing that moral agency entails personhood and then treating that entailment as a kind of reductio for claims of corporate moral agency. My primary purpose is to rebut the claim of entailment, demonstrating that even the highly sophisticated moral agency (...) of corporations does not entail the kind of personhood at issue here: to be a person requires a kind of vulnerability that corporations do not have. Additionally, exploring how this is the case reveals a flaw in the Supreme Court’s reasoning in Citizens United. (shrink)

Does Kantian moral agency require phenomenal consciousness? More to the point, can firms (and other highly organized collectives) be Kantian moral agents—bound by Kantian obligations—in the absence of consciousness? After sketching the mechanics of my account of corporate agents, I consider three increasingly demanding accounts of Kantian moral agency, concluding that corporate agents can meet each successively higher threshold. They can (1) act on universalizable principles and treat humanity as an end in itself; (2) give such principlesto themselves,treattheir own‘humanity’ as (...) an end itself, and act out of respect for the law; and (3) to the extent necessary, draw on empathically generated information and insights to inflect their performance, all in the absence of phenomenal consciousness. I close by rejecting two further arguments that phenomenal consciousness is nonetheless conceptually or practically necessary for Kantian moral agency. (shrink)

My aim in this article is to rescue the holist position on corporate agency (CA) from indignities heaped upon it by friends and enemies alike. Two general criticisms strike at the core of the position: the charge of ‘material failures’ (that the corporate agent lacks a proper material presence) and the charge of illusion (that the intentionality of the corporate agent consists in the intentionality of the members). Both attack the holist position on metaphysical grounds, logically prior to any claims (...) of agency; if these charges cannot be answered then much of the CA literature collapses.The article begins by outlining the criticisms and a holist account of corporate agents that incorporates and transcends earlier offerings on corporate agency from French, List and Pettit, and others. It then addresses the charge of material failures, demonstrating that the holist corporate agent is a material entity (nothing ‘ghostly,’) and arguing that neither its scattered nature nor its dependency on voluntary participation undermines that status. It closes by addressing the charge of illusion, demonstrating that the common charge of double-counting member intentionality is false. Both charges arise from the same misreading of the holist position, which ignores the metaphysics of the corporate agent. (shrink)

Ethics, Policy & Environment, Volume 14, Issue 2, Page 159-162, June 2011.

In a world rife with civic failure, we've seen an increasing interest in the question of how to restore civic communities after they have failed. Much of that answer must come from the social sciences, of course, but philosophy has an important contribution to make: it can provide a normative theory of political community, one that outlines the characteristics of a good political community. Without such a theory, we have no basis for the claim that reconciliation is desirable in the (...) first place and no way to evaluate whether proposed efforts toward political reconciliation are moving things in the right direction. Colleen Murphy's A Moral Theory of Political Reconciliation provides exactly such a theory. (shrink)